RIA in OECD Countries

RIA in OECD Countries RIA Symposium 9 November, 2007 Tokyo, Japan Josef Konvitz, Head of the Regulatory Policy Division, Organisation for Economic Co-operation and Development (OECD) 1

PART I REGULATORY REFORM 2

What is regulatory reform? Changes that improve regulatory quality by enhancing the performance, costeffectiveness, or legal quality of regulations and related government formalities 3

Regulatory reform as a factor in structural reform Structural change calls for reform of regulatory regimes which may be blocked by: Entrenched monopolistic interests preserving limited entry Bureaucracies lacking a service attitude, defending status quo No voice for stakeholders; regulatory capture 4

Regulatory reform as a factor in structural reform: 2 Impediments to regulatory quality include: Lack of political will, technical expertise Heavy volume of outdated and obsolete regulations Low capacity at regional and local level High levels of non-compliance with regulation in the past Ineffective appeals process Ignorance about regulatory practices in competing jurisdictions 5

Regulatory policy Defined as: an explicit, continuous and consistent whole-of-government policy to pursue high quality regulation It s not about specific regulations It s about the process by which regulations are drafted, updated, implemented and enforced 6

Why reform regulation? Boosting efficiency and innovation Reaping full benefits of open international markets Increasing flexibility of the economy Creating new job opportunities Improving consumer and environmental protection 7

Responsible regulation Regulatory Quality Net welfare benefit of regulations Costs Benefits Capital Administrative Burdens public, private Indirect Compliance costs Enforcement Legal certainty Reduced administrative burdens Multilevel duplication, Gold plating Fewer negative externalities Delays, lag Better use of resources, take-up of innovations, More flexibility and choice Complexity, incoherence (contradicting rules) Social and environmental welfare (public service delivery) Displaced investment, protected markets and professions Competitiveness and entrepreneurship Regulatory Capacity for integrated approach 8

Visible developments PROGRESS Regulatory policy is now a priority in many governments Rapid innovation across all fronts Specific achievements, for example with transparency Visible development of more competitive markets But «Whole of governement» approach to high quality regulation not yet achieved Uneven progress across OECD countries: a growing gap between leaders and the rest Regulatory reform often still perceived to mean a «one-off» effort on specific issues, rather than a continuous, dynamic process; complacency in absence of a crisis 9

PART II WHAT IS RIA AND WHAT ARE COUNTRIES DOING? 10

What is RIA? RIA is a regulatory policy tool to support decision-making: RIA offers evidence-based analysis to reach decisions with:. systematic and consistent examination.assessment of potential impacts arising from regulatory policy.public consultation 11

Elements of RIA Specify the problem which gives rise to the need for action What are the desired objective(s)? What are the options available to achieve the objective(s)? Consideration of alternatives Define enforcement and implementation Consultation Assessment of the impacts (costs/benefits) Recommended option Communicate the results Design monitoring and evaluation mechanisms 12

30 25 20 15 10 5 0 Trend in RIA adoption across OECD countries 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Number of countries RIA adoption 13 1977 1976 1975 1974

Regulatory Impact Analysis: Requirements for RIA Recent Trends 1998-2005 Formal requirement by law Requirement for draft primary laws Requirement for draft subordinate regulations Requirement to identify the costs of new regulation Requirement to identify the benefits of new regulation Requirement to demonstrate that benefits of regulation justify the costs 0 5 10 15 20 25 27 2005 1998 number of countries 14

Regulatory Impact Analysis: Requirement for policy impacts: Recent trends 1998-2005 Impact on competition Impact on market openness Impact on small businesses Impact on specific social groups 2005 1998 0 5 10 15 20 25 27 number of countries 15

30 25 20 15 10 5 0 Requirement to measure specific impacts when preparing RIA budget competition small businesses market openness specific social groups specific regional areas risk assessment required when preparing RIA public sector other groups (charities, not for profit) risk assessment for environmental Reg. risk assessment for health and safety risk assessment required in all cases Always Only for major regulation In other selected cases No 16

Explicit RIA processes in 2005 25 Score 20 15 10 5 0 JPN TUR FRA SWE PRT EU CZE ESP ICE NLD NOR HUN DNK IRL LUX CHE AUS AUT ITA USA FIN NZL BEL a) Is regulatory impact analysis (RIA) carried out before new regulation is adopted? b) Is a government body outside the ministry sponsoring the regulation responsible for reviewing the quality of the RIA? c(i) Is there a clear "threshold for applying RIA to new regulatory proposals? d(i) Is RIA formally required by law or by a similarly binding legal instrument? d(ii) Is RIA required for draft primary laws? d(iii) Is RIA required for draft subordinate regulations? d(iv) Are regulators required to identify the costs of new regulation? If yes: Does the impact analysis include the quantification of the costs? d(v) Are regulators required to identify the benefits of new regulation? If yes: Does the impact analysis include quantification of the benefits? d(vi) Does the RIA require regulators to demonstrate that the benefits of new regulation justify the costs? d(viii) Are RIA documents required to be publicly released for consultation? h) Are ex post comparisons of the actual vs predicted impacts of regulations made? i) Is there an assessment of the effectiveness of RIA in leading to modifications of initial regulatory proposals undertaken? See Q11 / 2005 OECD regulatory indicators questionnaire. GRE POL SVK DEU UK CAN MEX KOR Weights: a) if no=0, in some cases=1, always=2 b) if yes, weight=3 c(i), if yes, weight=2 d(i) to d(iv), if no=0, in other selected cases=1, only for major regulation=1, always=2 d(viii), if no=0, in other selected cases=1, only for major regulation=1, always=2 h) if yes, weight=1 i) if yes, weight=1 17

Extent of RIA processes in 2005 25 20 15 Score 10 5 0 JPN TUR ICE LUX FRA CZE PRT SWE NLD HUN ITA ESP BEL GRE SVK POL DEU IRL KOR NOR EU CHE DNK FIN MEX CAN NZL AUT AUS USA UK d(ix) Is the RIA required to include assessments of other specific impacts: Impacts on the budget, impacts on competition, impacts on market openness, impacts on small businesses, impact on specific regional areas, impact on specific social groups, impact on other groups (charities, not for profit sector), impact on the public sector Weights: d(ix), Impacts on the budget, competition, market openness, small businesses, specific regional areas, specific social groups, the public sector: if no=0, in other selected cases=1, only for major regulation=1, always=2 d(ix), Impact on other groups (charities, not for profit sector): if no=0, in other selected cases=0.5, only for major regulation=0.5, always=1 e) Is risk assessment required when preparing a RIA? in all cases, for Health and safety regulation, for environmental regulation If yes : Does the risk assessment require quantitative modelling? f(i) Are RIAs required to explicitly consider compliance and enforcement issues when preparing new regulations? f(ii) Are reports on the level of compliance with the above RIA requirements prepared? f(iii) Are these reports published? e) if no=0, in other selected cases=0.5, only for major regulation=0.5, always=1 f(i) if yes, weight=1 f(ii) if no=0, ad hoc basis=1, regulary=2 f(iii) if yes, weight=2 See Q11 / 2005 OECD regulatory indicators questionnaire. 18

Overall RIA processes, 1998-2005 8 7 Score 6 5 4 3 2 1 0 TUR JPN PRT FRA ICE SWE EU LUX CZE HUN ESP NOR NLD ITA BEL POL IRL GRE SVK FIN CHE Is regulatory impact analysis (RIA) carried out before new regulation is adopted? Is a government body outside the ministry sponsoring the regulation responsible for reviewing the quality of the RIA? Is RIA formally required by law or by a similarly binding legal instrument? Is RIA required for draft primary laws? Is RIA required for draft subordinate regulations? Are regulators required to identify the costs of new regulation? Are regulators required to identify the benefits of new regulation? Does the RIA require regulators to demonstrate that the benefits of new regulation justify the costs? Are RIA documents required to be publicly released for consultation? Is the RIA required to include assessments of other specific impacts: impacts on competition, impacts on market openness, impacts on small businesses, impact on specific social groups (distributional effects across society) Is risk assessment required when preparing a RIA? Are these reports published? The total scores for this indicator have been normalised to a total of 8. See Q11 / 2005 OECD regulatory indicators questionnaire DNK AUS NZL AUT DEU USA KOR CAN Weights: if no=0, in some cases=0.25, always=0.5 if yes, weight=0.75 UK MEX if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major reg=0.25, always=0.5 if no=0, in other selected cases & only for major regulation=0.125, always=0.25 if yes, weight=0.5 1998 2005 19

PART III MAKING RIA WORK 20

The potential benefits of a RIA system RIA as a learning process RIA as an analytical process RIA as a communication process RIA as an accountability and credibility process 21

RIA and high quality regulation Link between RIA and the regulatory development process RIA should not be viewed in isolation Need a whole of government perspective RIA must be supported by Well conceived regulatory policy Strong regulatory institutions Other complementary and supporting regulatory tools Training Political leadership 22

RIA is one tool of regulatory reform Administrative simplification RIA Revise the stock Transparency and communication Alternatives to regulation Compliance and enforcement Administrative justice and accountability 23

Challenges Multi-level issues = show benefits Formalism = momentum, ministerial leadership Wide variation across ministries = monitor and publish compliance results, gatekeeping or oversight arrangements Coping with multiple policy objectives = include competition and trade effects No impact on policy = sequence and target Communication with parliament = evaluate RIA 24

RIA: OECD good practices 1. Maximise political commitment to RIA Endorsement at the highest levels of government Supported by clear ministerial accountability 2. Allocate responsibilities for RIA programme elements carefully Policy bodies themselves should carry out RIAs Checks to ensure quality and co-ordination 25

3. Use a consistent but flexible analytical method Cost-benefit analysis Cost-effectiveness analysis Risk analysis Qualitative analysis 4. Develop and implement data collection strategies Stakeholders (consultation) Experts (e.g. interviews) Surveys Panel tests Models (economic, model plants) 26

5. Target RIA efforts Primary and Secondary regulations Sectors and policy areas Threshold for when to do RIAs Two-step approach 6. Integrate RIA with the policy making process Start as early as possible Avoid to transforming RIA into a justification report or making it internal red tape Assessment of alternatives to regulations 27

7. Involve the public extensively Democratic/participation dimension Data gathering mechanisms Increase compliance Accelerate and ease the implementation 8. Communicate the results Improves transparency and accountability Improves regulatory compliance Increases trust in government and RIA 28

9. Train the regulators Important because RIA skills are different from traditional regulator skills A vehicle for a cultural change for regulators A mechanism to improve and co-ordinate public policies in general 10. Apply RIA to existing as well as new regulations RIA as a performance assessment instrument Periodic analysis and feedback on the RIA process 29